Keeping the trades satisfied: Labour crunch leads to survey

Labour crunch leads to survey to learn how to keep construction workers happy on the job.

Ontario construction is facing a labour crunch in the next 10 years with almost 90,000 trades workers set to retire during that time, according to BuildForce Canada.

Learning about that figure triggered a conversation that led RESCON to join forces with Job Talks, an organization with a strong track record in academia and in construction. Together with the Ontario Residential Council of Construction Associations, they have launched a survey to learn what satisfies trades professionals day-to-day as they build Ontario.

“We’re thinking about the future,” said Andrew Pariser, vice president of the Residential Construction Council of Ontario (RESCON). “We’ve seen labour shortages on and off in different trades for more than a decade. We must prepare for how this will affect all construction sectors including residential and infrastructure and how it will impact our ability to build in the future.

“Our goal is to better understand how we can retain current workers, recruit new workers, and build a labour force to match tomorrow’s needs. If we recruit the right people and provide them with the right opportunities, we can greatly improve all training and apprenticeship initiatives.”

The academically-based survey analysis will be carried out by Job Talks. Recent Job Talks projects include a national survey of workers in Red Seal trades and a complementary interview series on YouTube, as well as a national study that reveals new distinct segments of Canada’s working population.

“It takes at least 20 minutes and is open to any person who works on tools or owns a pair of safety boots in infrastructure and residential trades in Ontario,” said Jon Callegher of Job Talks. It has multiple choice and open-ended questions that “help us understand how construction workers really feel about their jobs and to gauge their happiness on the job.”

The results of the survey will inform a report on retention and job satisfaction of trades workers in construction. It is available here.

In our December 2018/January 2019 issue’s feature, “The Finishing Touch,” one of the quirkier items that long-time contributor Jay Somerset included was a carpet modelled on that found in the fictitious Overlook Hotel from the movie, The Shining.

You may spend a lot of time, money and effort optimizing your website for search engines, creating a strong social media presence, running PPC campaigns, or doing traditional marketing to attract potential clients, only for them to be turned off by a poorly prepared roofing estimate.

My own fatherly advice: stay on top of the things clients are interested in and, if your business is struggling, seek out advice from knowledgeable people who can how you figure out what you’re doing wrong.

Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip and fall accident in a shopping mall through no fault of your own.

We've been proudly serving the community for more than 160 years. We deliver natural gas safely and reliably to two million homes and businesses across Ontario. With safety as our ongoing priority, we're committed to making communities better places to live.

Slip and fall accidents in shopping malls are quite common, the major causes being chipped or cracked floors, water tracked in from outside by other shoppers, slippery surfaces, wrinkled carpets, unmarked freshly mopped floors, leaks and improper lighting. They can also be caused by building code violations such as lack of handrails, defects in escalators such as broken entry maps and misaligned handrails, spilled foods or cleaning chemicals, and even being shoved or pushed by other shoppers at crowded events such as a Black Friday sale. According to Salvatore Grillo, founder and principal at Grillo Barristers Personal Injury Lawyers, shopping malls and stores have a responsibility to provide a safe and secure environment.
Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip-and-fall accident in a shopping mall through no fault of your own. These include:

A right to seek compensation for damages

You have a right to seek compensation for both pecuniary and non-pecuniary damages. Pecuniary damages are those that can be quantified in monetary terms such as medical expenses, lost wages and property repair or replacement. The Ontario Court of Appeal has made an effort to explain pecuniary damages in McIntyre v. Docherty as “pecuniary damages are generally assessed on the basis of calculable losses for items such as the plaintiff's prospective loss of earnings and profits and costs of future care, as well as other expenses.” Past and future medical expenses fall here. The Court explains non-pecuniary damages as, “In contrast, non-pecuniary damages cannot be arithmetically calculated because they compensate the plaintiff for intangible losses arising from physical and psychological pain and suffering as well as from any loss of amenities or expectations of life.”
According to Section 3 (1) of the law, the occupier is required to “offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.” You must prove that the occupier had knowledge that the hazard existed. You cannot sue, as an example, if the accident is as a result of a drink spill in a restaurant that occurred only seconds before the fall (before the restaurant could clean it up).

Willful assumption of risk

Note that you are not entitled to compensation if you willingly assumed the risk that led to your accident. This notwithstanding, Section 4 (1) of the law states that the occupier still has a “duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.” As an example, if you ignore posted warning signs or fail to take reasonable precautions while engaging in an activity at the shopping mall, you may not qualify for compensation and even if you do, the settlement will be reduced by a percentage representing your fault/responsibility.

Direct contractors

According to Section 5 (2) of the act, you are not entitled to compensation if you are working at the building on contract such as if you are doing repairs or maintenance or are a construction worker unless this is expressly provided for in the contract.

Employees of independent contractors

Section 6 (1) touches on liability where the slip and fall injury occurs while working for an independent contractor contracted by the occupier such as a cleaning company. In such a case, compensation should be sought from the contractor.

Common areas under storeowners

If a store owner is exclusively responsible for a particular common area, then he/she has the same duty of care as that of the occupier under the Act in as far as the common area is concerned.

Tenancy agreement detailing the landlord’s duty to maintain the building

If the tenancy agreement states that it is the responsibility of the landlord to maintain and repair the shopping mall, then the duty of care shifts from the occupier to the landlord.

Exception: Crown/municipal occupier

If the occupier is a municipal corporation or the Crown, there are exceptions. This is done to protect the government from crippling liability claims.

Right to take the claim to court

If you are not satisfied with the settlement you get from the Occupier’s insurer, you have a right to go for mediation. If the outcome of the mediation does not please you, you have the right to take the claim to court where a judge or a jury of your peers will determine fault and award compensation.

Fusion Stone is an easy and budget-friendly way to beautifully upgrade your home, inside and out. A patented Shouldice innovation, Fusion Stone is a thin stone veneer that is easily installed with the included stainless steel clips & screws. You just screw it to the wall and it’s “Hooked for Life”.

SFA SANIFLO INC. (“SANIFLO”) is the only manufacturer of its kind in North America offering a complete line of macerating toilet systems for residential and light-commercial applications where installation of plumbing fixtures with below-floor drainage is impossible or cost-prohibitive.

Created by fusion of exceptional design, superior quartz quality and cutting-edge technology, HansStone Quartz weaves together intriguing patterns and colours inspired by the diverse Canadian landscape.

DRIcore is the first and most important step towards creating a new living space as warm and comfortable as any other space in your home. DRIcore is the one-step engineered subfloor solution that is specifically designed for basements. The raised moisture barrier covers cold, damp concrete to protect, insulate and cushion your finished floors.

Slip and fall accidents in shopping malls are quite common, the major causes being chipped or cracked floors, water tracked in from outside by other shoppers, slippery surfaces, wrinkled carpets, unmarked freshly mopped floors, leaks and improper lighting. They can also be caused by building code violations such as lack of handrails, defects in escalators such as broken entry maps and misaligned handrails, spilled foods or cleaning chemicals, and even being shoved or pushed by other shoppers at crowded events such as a Black Friday sale. According to Salvatore Grillo, founder and principal at Grillo Barristers Personal Injury Lawyers, shopping malls and stores have a responsibility to provide a safe and secure environment.
Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip-and-fall accident in a shopping mall through no fault of your own. These include:

A right to seek compensation for damages

You have a right to seek compensation for both pecuniary and non-pecuniary damages. Pecuniary damages are those that can be quantified in monetary terms such as medical expenses, lost wages and property repair or replacement. The Ontario Court of Appeal has made an effort to explain pecuniary damages in McIntyre v. Docherty as “pecuniary damages are generally assessed on the basis of calculable losses for items such as the plaintiff's prospective loss of earnings and profits and costs of future care, as well as other expenses.” Past and future medical expenses fall here. The Court explains non-pecuniary damages as, “In contrast, non-pecuniary damages cannot be arithmetically calculated because they compensate the plaintiff for intangible losses arising from physical and psychological pain and suffering as well as from any loss of amenities or expectations of life.”
According to Section 3 (1) of the law, the occupier is required to “offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.” You must prove that the occupier had knowledge that the hazard existed. You cannot sue, as an example, if the accident is as a result of a drink spill in a restaurant that occurred only seconds before the fall (before the restaurant could clean it up).

Willful assumption of risk

Note that you are not entitled to compensation if you willingly assumed the risk that led to your accident. This notwithstanding, Section 4 (1) of the law states that the occupier still has a “duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.” As an example, if you ignore posted warning signs or fail to take reasonable precautions while engaging in an activity at the shopping mall, you may not qualify for compensation and even if you do, the settlement will be reduced by a percentage representing your fault/responsibility.

Direct contractors

According to Section 5 (2) of the act, you are not entitled to compensation if you are working at the building on contract such as if you are doing repairs or maintenance or are a construction worker unless this is expressly provided for in the contract.

Employees of independent contractors

Section 6 (1) touches on liability where the slip and fall injury occurs while working for an independent contractor contracted by the occupier such as a cleaning company. In such a case, compensation should be sought from the contractor.

Common areas under storeowners

If a store owner is exclusively responsible for a particular common area, then he/she has the same duty of care as that of the occupier under the Act in as far as the common area is concerned.

Tenancy agreement detailing the landlord’s duty to maintain the building

If the tenancy agreement states that it is the responsibility of the landlord to maintain and repair the shopping mall, then the duty of care shifts from the occupier to the landlord.

Exception: Crown/municipal occupier

If the occupier is a municipal corporation or the Crown, there are exceptions. This is done to protect the government from crippling liability claims.

Right to take the claim to court

If you are not satisfied with the settlement you get from the Occupier’s insurer, you have a right to go for mediation. If the outcome of the mediation does not please you, you have the right to take the claim to court where a judge or a jury of your peers will determine fault and award compensation.

More than a kitchen and bath luxury showroom, The Water Closet offers unparalleled service, selection and solutions for all your plumbing and heating needs. Our goal is to be your full-service showroom while “Enhancing the Flow of Life”.

Slip and fall accidents in shopping malls are quite common, the major causes being chipped or cracked floors, water tracked in from outside by other shoppers, slippery surfaces, wrinkled carpets, unmarked freshly mopped floors, leaks and improper lighting. They can also be caused by building code violations such as lack of handrails, defects in escalators such as broken entry maps and misaligned handrails, spilled foods or cleaning chemicals, and even being shoved or pushed by other shoppers at crowded events such as a Black Friday sale. According to Salvatore Grillo, founder and principal at Grillo Barristers Personal Injury Lawyers, shopping malls and stores have a responsibility to provide a safe and secure environment.
Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip-and-fall accident in a shopping mall through no fault of your own. These include:

A right to seek compensation for damages

You have a right to seek compensation for both pecuniary and non-pecuniary damages. Pecuniary damages are those that can be quantified in monetary terms such as medical expenses, lost wages and property repair or replacement. The Ontario Court of Appeal has made an effort to explain pecuniary damages in McIntyre v. Docherty as “pecuniary damages are generally assessed on the basis of calculable losses for items such as the plaintiff's prospective loss of earnings and profits and costs of future care, as well as other expenses.” Past and future medical expenses fall here. The Court explains non-pecuniary damages as, “In contrast, non-pecuniary damages cannot be arithmetically calculated because they compensate the plaintiff for intangible losses arising from physical and psychological pain and suffering as well as from any loss of amenities or expectations of life.”
According to Section 3 (1) of the law, the occupier is required to “offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.” You must prove that the occupier had knowledge that the hazard existed. You cannot sue, as an example, if the accident is as a result of a drink spill in a restaurant that occurred only seconds before the fall (before the restaurant could clean it up).

Willful assumption of risk

Note that you are not entitled to compensation if you willingly assumed the risk that led to your accident. This notwithstanding, Section 4 (1) of the law states that the occupier still has a “duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.” As an example, if you ignore posted warning signs or fail to take reasonable precautions while engaging in an activity at the shopping mall, you may not qualify for compensation and even if you do, the settlement will be reduced by a percentage representing your fault/responsibility.

Direct contractors

According to Section 5 (2) of the act, you are not entitled to compensation if you are working at the building on contract such as if you are doing repairs or maintenance or are a construction worker unless this is expressly provided for in the contract.

Employees of independent contractors

Section 6 (1) touches on liability where the slip and fall injury occurs while working for an independent contractor contracted by the occupier such as a cleaning company. In such a case, compensation should be sought from the contractor.

Common areas under storeowners

If a store owner is exclusively responsible for a particular common area, then he/she has the same duty of care as that of the occupier under the Act in as far as the common area is concerned.

Tenancy agreement detailing the landlord’s duty to maintain the building

If the tenancy agreement states that it is the responsibility of the landlord to maintain and repair the shopping mall, then the duty of care shifts from the occupier to the landlord.

Exception: Crown/municipal occupier

If the occupier is a municipal corporation or the Crown, there are exceptions. This is done to protect the government from crippling liability claims.

Right to take the claim to court

If you are not satisfied with the settlement you get from the Occupier’s insurer, you have a right to go for mediation. If the outcome of the mediation does not please you, you have the right to take the claim to court where a judge or a jury of your peers will determine fault and award compensation.

You chose your new Chrysler because you wanted something far beyond the ordinary. It just makes sense that your ownership experience should be just as special. That's why we're committed to exceeding your expectations for as long as you have your Chrysler.

Masco Canada Ltd. is the Canadian plumbing division of MASCO Corporation and represents brands including Delta, Brizo, Hansgrohe, Axor, BrassCraft, Master Plumber, and Waltec. MASCO Canada Limited is dedicated to complete customer satisfaction and responsiveness to the unique Canadian marketplace.

Women are breaking barriers

Tiffany Morin loves to solve puzzles. In fact, the new graduate from the Women In Skilled Trades (WIST) program says she considers every house she works on to be a puzzle.

“If that door isn’t closing right, you have to fix the puzzle – you have to find the missing piece,” said the 21-year-old from Baden (near Kitchener). “You see something that’s not working, you re-evaluate what’s wrong and try the first solution, then the next solution.”

Morin recently graduated from the program at the Centre for Skills Development in Burlington. It is an important cog to train and educate women to join the male-dominated construction trades.

“We’re chipping away every year to change the gender makeup of the trades,” says instructor Lawrence Farrell.

Among 19 women in the 22-week program, Morin was considered one of her class’s top problem-solvers. She has taken those skills and her new education with her to a job in Kitchener with Timeline Journey Renovations.

“It’s going really great. So far, we’ve put in a few doors, bathroom vents and a fence job where we replaced all of the old posts with new ones. Every day, I learn something new,” Morin says.

Farrell was not surprised to learn Morin was hired the Monday following her graduation in September.

“Tiffany is a very capable worker, and is an excellent problem solver with an eye for detail,” Farrell says. “She excelled in theory and was admired for her ability to grasp concepts quickly and apply what she learned for hands-on use. She is a leader, and that will shine through as she develops in her career in the trades.”

Because she excelled in leadership skills, academics and technical ability, Morin joined classmate Nico Varkevisser of Hamilton in being awarded with a $500 bursary from the Residential Construction Council of Ontario (RESCON).

Morin describes Varkevisser, a former daycare worker, as a quiet leader. “She was always so patient. All of the students got frustrated at different points but we all understood where people needed to take a second to catch their breath; no one was good at everything,” Morin says.

“Nico was definitely the most patient and understanding of all of us. She was always level-headed and if she ever got frustrated, it didn’t show.”

While she has plenty of patience, Varkevisser says she’s focused on improving her professional qualities. “I have a whole skill set that I didn’t have six months earlier, and I have the confidence that I can learn different skills if I didn’t learn them before.”

Varkevisser, 25, says that while it’s intimidating to be a woman stepping into construction, it shouldn’t be. “I think it needs to be more normalized so that women can be seen as being just as efficient as men in the construction world.” Couldn’t agree more.

The countdown is on! Only days remain till the annual Interior Design Show, Canada’s premier showcase of design taking place Jan. 17 to 20 at the Metro Toronto Convention Centre but this year, in a new location in the South Building.

Pantone’s 2019 Colour of the Year “Living Coral” can do almost anything, proving itself to be much more than just an accent colour. We sat down with Nicholas Rosaci, interior design expert and upcoming speaker at the 2019 GTA Home & Reno Show, to talk decor trends and learn how to incorporate this vibrant hue into our home for the upcoming year.

Crystal chandeliers, sconces, mirrors, accent furniture and accessories. Visit our 4,000 sq.ft showroom where we are proud to offer the most knowledgeable and courteous staff in the business. Crystal Design and Decor offers quality and value at reasonable prices while providing individualized attention and customer service. Customization also available to suit requirements and design preference.

Sourcing the latest trends in ceramic, porcelain, glass and natural stone tile as well as natural stone slabs from throughout the world to remain at the forefront of innovation and style. Branches throughout Canada and U.S affiliate companies.

Using our exclusive brand of weather-adjustable paint formulations and spray equipment, Spray-Net transforms aluminum & vinyl siding, hardie-board, stucco, brick as well as doors and windows for a fraction of the cost of replacement.

Every day we want to remind our customers, our partners and ourselves of our founding mission: to make the machines we use every day in our homes exciting and dynamic; to always be innovative and trend-setting for the North American appliances market; to be Distinctive.

Sharp Electronics of Canada Ltd. is dedicated to improving the lives of consumers through the use of advanced technology. With a commitment to innovation, quality, value and design, Sharp consumer electronics and appliances enhance enjoyment, while adding to comfort.

Allan Rug Co. has been serving the GTA builders, designers, architects and the public for over 50 years. Supplying a full range of commercial and residential carpeting in a wide range of colours and styles from leading manufacturers.

Fisher & Paykel incorporates the world’s most innovative technologies and produce the most technically advanced, efficient and contemporary styled appliances. DCS created the first line of high end, commercial quality appliances and expanded to pioneer indoor and outdoor kitchen solutions for the at home chef. TRADE ONLY.

Created by fusion of exceptional design, superior quartz quality and cutting-edge technology, HansStone Quartz weaves together intriguing patterns and colours inspired by the diverse Canadian landscape.

We are proud to showcase a complete line of home furnishings and accessories to define your style and transform your space. From contemporary and industrial to mid-century modern and rustic, we shop the world for quality pieces to fit your vision.

North America’s most complete kitchen & bath showrooms. Taps sells over 10,000 different products representing more than 200 manufacturers from around the globe. A vast selection of traditional, classic & contemporary products can be discovered at our showrooms or by surfing our website.

With over 90 years of experience, BLANCO is the leading kitchen sinks and faucets manufacturer. From handcrafted in Germany Steelart® sinks and the beauty of Silgranit®, to the European design faucets, BLANCO products are celebrated worldwide for their unmatched quality and design. Blanco Silgranit® sinks are proudly manufactured in Canada TRADE ONLY.

Beauti-Tone paint is a proud Canadian company, available exclusive to Home Hardware stores across Canada. We manufacture a full range of exceptional high quality products with outstanding value. An extensive colour offering, including exclusive collections from Style at Home, Chatelaine, Simon Chang and Sesame Street. That’s why we are Canada’s paint experts.

At Prestige Granite Design we strive to offer our clients full service from the beginning to the end of their project. To our clients we are a one stop shop. We Supply, Measure, Fabricate, order and Install the finished product. We are a hands on company that is determined to provide the best possible service to all our clients.

Since 1978 Goemans has provided customers with the appliances necessary to create functional kitchens. Now, working with designers we can do more than just create a functional kitchen; together we can help turn customers’ dream kitchens into reality.

Cosentino is a global, family-owned company that produces and distributes high value innovative surfaces for the world of architecture and design, leaders in their respective segments such as Silestone® Quartz surfaces and Dekton® Ultracompact surfaces. Technologically advanced surfaces that create unique designs for the home and public spaces.

THE COUNCIL: Bill 148 and new homebuyers

For hard-working people who have scraped together a downpayment for a new home over the course of many years, Bill 148 is a tough pill to swallow.

by Richard Lyall
RESCON

For hard-working people, including millennials, who have scraped together a downpayment over the course of many years – extending their planned purchasing date by years – Bill 148 is a tough pill to swallow.

Also known as The Fair Workplaces, Better Job Act, 2017, Bill 148 was an omnibus labour bill introduced and passed by the provincial Liberal government. It was proposed to solve labour market issues outlined by the changing workplace review in Ontario’s service and retail sectors and assist vulnerable workers in the province’s emerging “part-time gig economy.”

Despite indicating that construction would be excluded, there was a decision by the Liberals to include all sectors of the economy – including construction – into the bill.

Numerous associations wrote to the previous government and outlined obvious concerns, including introducing sick days and scheduling requirements. To be direct, the construction industry pays relatively higher wages than virtually all sectors, including manufacturing, with the understanding that outside of vacation pay, workers are paid when they work and not paid when they don’t.

This longstanding agreement – which is reflected in virtually all industry collective agreements and with non-union constructors – has been turned on its head and continues to destabilize the entire industry. Meanwhile, the 2019 round of bargaining is coming up fast: both sides of the table are preparing for another long round of bargaining in the spring when most construction collective agreements will expire.

However, Doug Ford’s newly elected government still has a chance to exclude the construction sector, restore the industry to pre-Bill 148 legislation and begin unwinding the uncertainty it has caused.

Now is the time to act. Let Ford know you want to undo the problems Bill 148 is causing, which will give new homebuyers confidence as they step onto the housing ladder next year. There is simply too much on the line for the GTA’s new housing sector and the Ontario economy it drives.

In our December 2018/January 2019 issue’s feature, “The Finishing Touch,” one of the quirkier items that long-time contributor Jay Somerset included was a carpet modelled on that found in the fictitious Overlook Hotel from the movie, The Shining.

You may spend a lot of time, money and effort optimizing your website for search engines, creating a strong social media presence, running PPC campaigns, or doing traditional marketing to attract potential clients, only for them to be turned off by a poorly prepared roofing estimate.

My own fatherly advice: stay on top of the things clients are interested in and, if your business is struggling, seek out advice from knowledgeable people who can how you figure out what you’re doing wrong.

Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip and fall accident in a shopping mall through no fault of your own.

Fusion Stone is an easy and budget-friendly way to beautifully upgrade your home, inside and out. A patented Shouldice innovation, Fusion Stone is a thin stone veneer that is easily installed with the included stainless steel clips & screws. You just screw it to the wall and it’s “Hooked for Life”.

Created by fusion of exceptional design, superior quartz quality and cutting-edge technology, HansStone Quartz weaves together intriguing patterns and colours inspired by the diverse Canadian landscape.

We've been proudly serving the community for more than 160 years. We deliver natural gas safely and reliably to two million homes and businesses across Ontario. With safety as our ongoing priority, we're committed to making communities better places to live.

SFA SANIFLO INC. (“SANIFLO”) is the only manufacturer of its kind in North America offering a complete line of macerating toilet systems for residential and light-commercial applications where installation of plumbing fixtures with below-floor drainage is impossible or cost-prohibitive.

Slip and fall accidents in shopping malls are quite common, the major causes being chipped or cracked floors, water tracked in from outside by other shoppers, slippery surfaces, wrinkled carpets, unmarked freshly mopped floors, leaks and improper lighting. They can also be caused by building code violations such as lack of handrails, defects in escalators such as broken entry maps and misaligned handrails, spilled foods or cleaning chemicals, and even being shoved or pushed by other shoppers at crowded events such as a Black Friday sale. According to Salvatore Grillo, founder and principal at Grillo Barristers Personal Injury Lawyers, shopping malls and stores have a responsibility to provide a safe and secure environment.
Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip-and-fall accident in a shopping mall through no fault of your own. These include:

A right to seek compensation for damages

You have a right to seek compensation for both pecuniary and non-pecuniary damages. Pecuniary damages are those that can be quantified in monetary terms such as medical expenses, lost wages and property repair or replacement. The Ontario Court of Appeal has made an effort to explain pecuniary damages in McIntyre v. Docherty as “pecuniary damages are generally assessed on the basis of calculable losses for items such as the plaintiff's prospective loss of earnings and profits and costs of future care, as well as other expenses.” Past and future medical expenses fall here. The Court explains non-pecuniary damages as, “In contrast, non-pecuniary damages cannot be arithmetically calculated because they compensate the plaintiff for intangible losses arising from physical and psychological pain and suffering as well as from any loss of amenities or expectations of life.”
According to Section 3 (1) of the law, the occupier is required to “offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.” You must prove that the occupier had knowledge that the hazard existed. You cannot sue, as an example, if the accident is as a result of a drink spill in a restaurant that occurred only seconds before the fall (before the restaurant could clean it up).

Willful assumption of risk

Note that you are not entitled to compensation if you willingly assumed the risk that led to your accident. This notwithstanding, Section 4 (1) of the law states that the occupier still has a “duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.” As an example, if you ignore posted warning signs or fail to take reasonable precautions while engaging in an activity at the shopping mall, you may not qualify for compensation and even if you do, the settlement will be reduced by a percentage representing your fault/responsibility.

Direct contractors

According to Section 5 (2) of the act, you are not entitled to compensation if you are working at the building on contract such as if you are doing repairs or maintenance or are a construction worker unless this is expressly provided for in the contract.

Employees of independent contractors

Section 6 (1) touches on liability where the slip and fall injury occurs while working for an independent contractor contracted by the occupier such as a cleaning company. In such a case, compensation should be sought from the contractor.

Common areas under storeowners

If a store owner is exclusively responsible for a particular common area, then he/she has the same duty of care as that of the occupier under the Act in as far as the common area is concerned.

Tenancy agreement detailing the landlord’s duty to maintain the building

If the tenancy agreement states that it is the responsibility of the landlord to maintain and repair the shopping mall, then the duty of care shifts from the occupier to the landlord.

Exception: Crown/municipal occupier

If the occupier is a municipal corporation or the Crown, there are exceptions. This is done to protect the government from crippling liability claims.

Right to take the claim to court

If you are not satisfied with the settlement you get from the Occupier’s insurer, you have a right to go for mediation. If the outcome of the mediation does not please you, you have the right to take the claim to court where a judge or a jury of your peers will determine fault and award compensation.

You chose your new Chrysler because you wanted something far beyond the ordinary. It just makes sense that your ownership experience should be just as special. That's why we're committed to exceeding your expectations for as long as you have your Chrysler.

Masco Canada Ltd. is the Canadian plumbing division of MASCO Corporation and represents brands including Delta, Brizo, Hansgrohe, Axor, BrassCraft, Master Plumber, and Waltec. MASCO Canada Limited is dedicated to complete customer satisfaction and responsiveness to the unique Canadian marketplace.

More than a kitchen and bath luxury showroom, The Water Closet offers unparalleled service, selection and solutions for all your plumbing and heating needs. Our goal is to be your full-service showroom while “Enhancing the Flow of Life”.

Gentek has everything you need to create an exquisite home exterior. Our handsomely crafted profiles, inviting colours and rich textures will embrace your every idea and inspiration - making your home a true reflection of your personal taste.

DRIcore is the first and most important step towards creating a new living space as warm and comfortable as any other space in your home. DRIcore is the one-step engineered subfloor solution that is specifically designed for basements. The raised moisture barrier covers cold, damp concrete to protect, insulate and cushion your finished floors.

Slip and fall accidents in shopping malls are quite common, the major causes being chipped or cracked floors, water tracked in from outside by other shoppers, slippery surfaces, wrinkled carpets, unmarked freshly mopped floors, leaks and improper lighting. They can also be caused by building code violations such as lack of handrails, defects in escalators such as broken entry maps and misaligned handrails, spilled foods or cleaning chemicals, and even being shoved or pushed by other shoppers at crowded events such as a Black Friday sale. According to Salvatore Grillo, founder and principal at Grillo Barristers Personal Injury Lawyers, shopping malls and stores have a responsibility to provide a safe and secure environment.
Grillo, who has been in the forefront of shaping personal injury litigation in the GTA for the past 30 years, observes that you have certain rights under the Occupier’s Liability Act when injured in a slip-and-fall accident in a shopping mall through no fault of your own. These include:

A right to seek compensation for damages

You have a right to seek compensation for both pecuniary and non-pecuniary damages. Pecuniary damages are those that can be quantified in monetary terms such as medical expenses, lost wages and property repair or replacement. The Ontario Court of Appeal has made an effort to explain pecuniary damages in McIntyre v. Docherty as “pecuniary damages are generally assessed on the basis of calculable losses for items such as the plaintiff's prospective loss of earnings and profits and costs of future care, as well as other expenses.” Past and future medical expenses fall here. The Court explains non-pecuniary damages as, “In contrast, non-pecuniary damages cannot be arithmetically calculated because they compensate the plaintiff for intangible losses arising from physical and psychological pain and suffering as well as from any loss of amenities or expectations of life.”
According to Section 3 (1) of the law, the occupier is required to “offer duty of care to visitors and their property. This duty of care applies whether the danger is as a result of the condition of the premises or by an activity that has been undertaken on the premises.” You must prove that the occupier had knowledge that the hazard existed. You cannot sue, as an example, if the accident is as a result of a drink spill in a restaurant that occurred only seconds before the fall (before the restaurant could clean it up).

Willful assumption of risk

Note that you are not entitled to compensation if you willingly assumed the risk that led to your accident. This notwithstanding, Section 4 (1) of the law states that the occupier still has a “duty to not create a danger with deliberate attempt to cause damage or harm to the person or his/her property and to not act in reckless disregard to your person or property.” As an example, if you ignore posted warning signs or fail to take reasonable precautions while engaging in an activity at the shopping mall, you may not qualify for compensation and even if you do, the settlement will be reduced by a percentage representing your fault/responsibility.

Direct contractors

According to Section 5 (2) of the act, you are not entitled to compensation if you are working at the building on contract such as if you are doing repairs or maintenance or are a construction worker unless this is expressly provided for in the contract.

Employees of independent contractors

Section 6 (1) touches on liability where the slip and fall injury occurs while working for an independent contractor contracted by the occupier such as a cleaning company. In such a case, compensation should be sought from the contractor.

Common areas under storeowners

If a store owner is exclusively responsible for a particular common area, then he/she has the same duty of care as that of the occupier under the Act in as far as the common area is concerned.

Tenancy agreement detailing the landlord’s duty to maintain the building

If the tenancy agreement states that it is the responsibility of the landlord to maintain and repair the shopping mall, then the duty of care shifts from the occupier to the landlord.

Exception: Crown/municipal occupier

If the occupier is a municipal corporation or the Crown, there are exceptions. This is done to protect the government from crippling liability claims.

Right to take the claim to court

If you are not satisfied with the settlement you get from the Occupier’s insurer, you have a right to go for mediation. If the outcome of the mediation does not please you, you have the right to take the claim to court where a judge or a jury of your peers will determine fault and award compensation.

The View From Inside: Building A Rewarding Career

Many builders are running programs to promote work in the trades

Prices of new homes today are affected by numerous factors, including the availability of skilled construction tradespeople. When there are fewer crews available to work on job sites, the total time required to complete the new homes may be extended.

In the GTA, we are experiencing a shortage of skilled workers – bricklayers and framers, to name just two. The good news is that the construction industry is working with unions and colleges through associations and affiliations to remedy the situation. Topping the list are efforts to educate and interest high school students, and to attract women, Indigenous peoples and new Canadians through specific initiatives.

“We are just starting a one-year labour market information study and video series that will promote trades, determine recruitment and retention best practices, as well as highlight the high job satisfaction of many tradespeople in the residential sector,” says Andrew Pariser, vice president of RESCON (Residential Construction Council of Ontario). “We will profile 25 different trades through the eyes of one man and one woman in each. The videos will help the viewer understand the components of each trade and demonstrate the tremendous opportunities available.”

Amina Dibe, project and policy analyst at RESCON, is implementing projects that promote recruitment and retention in the residential construction industry.

“By providing resources for school boards outlining what a job in construction entails and showing examples, we create broader awareness,” she says. “Most people have never heard of jobs such as a concrete finisher and drain-layout specialist.”

Another RESCON project includes a partnership with the construction management program at George Brown College. “Each year, we enroll 12 to 15 graduates for two semesters — one in the classroom and one placement in the field,” Dibe says. “On completion, the students are hired into positions such as junior project manager, junior estimator or site clerk.”

In addition, through Humber College’s Carpentry and Renovations Technician program, RESCON is implementing a pilot that will place 15 graduates into jobs in one of six residential trades including highrise and lowrise forming, concrete and drain, and tile. Starting in September, the students will have fourmonth contracts, with the hope that they will be kept on full time.

“We’d like to expand the program to other colleges and engage a higher number of graduates not traditionally seen in the construction trades,” Dibe notes.

By virtue of her own career, Dibe is an inspiration. Her presentations during the George Brown program have resulted in a spike in female participants. “Women are often detail oriented with exceptional fine motor skills,” Pariser adds. “They often outperform men in the finishing trades.”

Many builders are pitching in by running programs to promote work in the trades as well. In addition, the Ontario Youth Apprenticeship Program (OYAP) enables high school students to earn cooperative education credits through work placement in apprenticeable trades. Following graduation, they can become registered apprentices.

At Geranium, we are proud to be part of the construction industry, which is a major economic driver in Ontario. We support the efforts among government and the private sector to encourage more people of all ages and backgrounds to consider the building trades as a rewarding career choice.

Louie Morizio is vice president, housing for Geranium and a director of RESCON. Since 1977, Geranium has built more than 8,000 homes in fine neighbourhoods and communities throughout Ontario.

If you’re looking to buy a new home or condo and especially interested in being close to good elementary schools for your family, the Fraser Institute’s Report Card on Ontario’s Elementary Schools provides some insight.

Cosentino is a global, family-owned company that produces and distributes high value innovative surfaces for the world of architecture and design, leaders in their respective segments such as Silestone® Quartz surfaces and Dekton® Ultracompact surfaces. Technologically advanced surfaces that create unique designs for the home and public spaces.

Fusion Stone is an easy and budget-friendly way to beautifully upgrade your home, inside and out. A patented Shouldice innovation, Fusion Stone is a thin stone veneer that is easily installed with the included stainless steel clips & screws. You just screw it to the wall and it’s “Hooked for Life”.

X-Tile is sure to have whatever you need to express your unique individual style. We offer you an exceptional variety of wall and flooring options in ceramic, porcelain, natural stone, glass, mosaic and much more from leading suppliers around the world. Let our knowledgeable and friendly staff help you in your dream renovation or building project.

Since 1989 Men At Work has specialized in renewing and enlarging older houses in core Toronto neighbourhoods. We are experts in managing the challenges of renovating sensitive old buildings into beautiful, functional, comfortable living spaces.

Through our customer feedback, we have learned the importance of ‘service’. You said and we listened. We addressed your needs and improvised; bringing you services and quality no one in the industry offers.

Euro-Line Appliances has brought elite European engineered appliances to Canadian homes for over 25 years. Our brands exceed expectations and have earned awards in design, engineering, performance, and energy efficiency. All of our cooking, refrigeration, dishwashers, and laundry appliances are created to conserve our non-renewable resources.

Fisher & Paykel incorporates the world’s most innovative technologies and produce the most technically advanced, efficient and contemporary styled appliances. DCS created the first line of high end, commercial quality appliances and expanded to pioneer indoor and outdoor kitchen solutions for the at home chef. TRADE ONLY.

We've been proudly serving the community for more than 160 years. We deliver natural gas safely and reliably to two million homes and businesses across Ontario. With safety as our ongoing priority, we're committed to making communities better places to live.

Established in 1987, Caesarstone pioneered the original quartz surface and continues to be a leading developer and manufacturer of premium surfaces. Highly functional and design forward, Caesarstone surfaces have endless application possibilities including kitchen countertops, bathroom vanities, wall paneling, furniture and more.

Sharing Passion & Performance. With our unique expertise and sensibilities, gained from our devotion to sound and music, we are committed to creating excitement and cultural inspiration together with people around the world.

Created by fusion of exceptional design, superior quartz quality and cutting-edge technology, HansStone Quartz weaves together intriguing patterns and colours inspired by the diverse Canadian landscape.

SFA SANIFLO INC. (“SANIFLO”) is the only manufacturer of its kind in North America offering a complete line of macerating toilet systems for residential and light-commercial applications where installation of plumbing fixtures with below-floor drainage is impossible or cost-prohibitive.

With over 90 years of experience, BLANCO is the leading kitchen sinks and faucets manufacturer. From handcrafted in Germany Steelart® sinks and the beauty of Silgranit®, to the European design faucets, BLANCO products are celebrated worldwide for their unmatched quality and design. Blanco Silgranit® sinks are proudly manufactured in Canada TRADE ONLY.

Duro-Shed has been serving the Greater Toronto Area & Cottage Country Since 1992. In that time we have always prided ourselves on delivering a top quality product at the most competitive pricing available. Our storage sheds, garden sheds, pool cabanas, gazebos, bunkies and garages have been recognized as some of the best on the market.

Exclusive Tours specializes in Unique, Best in Class, Small Ship Cruising. Our Expertise, Knowledge and Vision provide you with the best Selection, Quality and Value. Proudly Canadian – we offer a truly comprehensive selection of exceptional small ship cruises.

H2O2 Wine Cellar Design came to fruition when we realized there was a need for a company that provides a turnkey solution for the most discriminating wine collectors. All of our cellars are built according to wine cellar building codes. From framing, insulation, vapor barriers, to dry walling, flooring, etc, we often exceed the required industry standards to ensure every single cellar that we build is done to our customers' satisfaction.

The Modular Home Renovation process is truly unlike any other. While our goal is to make your renovation as quick and seamless as possible, each project is treated with the same amount of care and attention as the other.